Incitement to genocide can be prosecuted even if it doesn’t result in it - expert in international law

In combination with the actual criminal acts committed by the Russian military and occupation administrations, some statements issued by the Russian president and other members of the Kremlin regime that contain calls for the eradication of the Ukrainian population, may constitute the crime of genocide.

This was stated in an exclusive interview with Ukrinform by Eugene Vindman, an American expert on national security and international law, who works with an inter-institutional Atrocity Crimes Advisory Group (ACA) set up by the United States, EU, and UK to help the Office of the Prosecutor General of Ukraine in the investigation and prosecution of war crimes and violations of international humanitarian law, committed as a result of an unprovoked and illegal Russian war.

“Genocide is the crime that requires a state of mind. So there are a couple of different pieces to it. One is incitement to genocide. So even if it doesn’t result in genocide, statements of incitement to genocide can be prosecuted,” Vindman said.

But in order to prove criminal intent, investigators also have to prove the act, the expert added.

"And these statements by Putin, his propagandists and other members of the regime are indicators of that intent and I think there will become crucial elements of any potential prosecution of genocide," says Windman.

In addition to direct evidence of intent, such as orders signed directly by Vladimir Putin or other representatives of the Kremlin regime, there is indirect evidence: “Their statements claiming that the Ukrainian people don't exist, that Ukraine has to be eradicated as it’s all part of Russia. These indicate in intent.”

"And, obviously, these paired with acts of the Russian armed forces, the Russian administration in occupied territories will create an overall picture of what is going on and whether it amounts to the crime of genocide," Eugene Vindman concluded.

As reported earlier, the Office of the Prosecutor General and international partners have been collecting evidence of the genocide of the Ukrainian people, committed by Russian invaders, and the best world professionals in the field of law are involved in this work, according to Ukraine’s top prosecutor Andriy Kostin.

The international community has strongly condemned Russian aggression against Ukraine in multiple international formats, including the UNGA. Currently, with the initiative of influential international organizations and democracies, with the active assistance of a number of European agencies, and the involvement of the International Criminal Court, the collection of evidence and documentation of the crimes against humanity and genocide is underway.

On a separate track, works is ongoing to establish a special international tribunal for the prosecution of Russia’s top political and military leadership.